Skip to content
Tuesday 8 September 2026London --:--Frankfurt --:--Zurich --:--
NewslettersSearchEN · DE · FR
MorningWire

European business, markets and politics

FTSE 100
10,825.72
+0.03%
DAX
25,990.67
-0.06%
CAC 40
8,310.45
+0.05%
STOXX 50
6,408.37
+0.07%
  • Europe
  • Markets
  • Business
  • Economy
  • Regulation
  • Politics
  • Opinion
More
GermanyFranceEU InstitutionsCompetitionPublic AffairsBankingTechnologyEnergy
  • Germany
  • France
  • Europe
  • Markets
  • Business
  • Economy
  • Regulation
  • Politics
  • Opinion
  • DE
Tuesday 02 December 2014 4:12 pm  |  Updated:  Friday 07 June 2019 6:33 pm

The Ferguson riots: Economics and bias in the United States justice system

By: Paul Ormerod

Add as a preferred source on Google

THE RIOTS in Ferguson, Missouri continue to dominate headlines around the world. Even the brutal dictatorship of North Korea has got in on the act, accusing the United States of being a “human rights tundra”. The disturbances follow a grand jury decision not to indict a police officer for the fatal shooting of a black teenager, allegedly because of racial bias.

Liberal opinion everywhere appears to regard the US judicial system as irredeemably racially-biased. Amnesty International, for example, has said that “African Americans are disproportionately represented among people condemned to death in the USA. While they make up 12 per cent of the national population, they account for more than 40 per cent of the country’s current death row inmates, and one in three of those executed since 1977.”

These are certainly shocking statistics, but it’s important to note that simple declarations such as this are not sufficient evidence to prove bias. Unfortunately, for example, violent crime rates are higher among some ethnic minorities than among whites. So the former will be convicted more frequently than the latter.

To better understand what is going on, we can turn to a sophisticated analysis of the decisions of courts in the US, published in the latest issue of the American Economic Review. Alberto Alesina of Harvard and Eliana La Ferrara of the Universita Bocconi in Milan examine sentences of capital punishment for evidence either that minorities convicted of murder are more likely to be sentenced to death or, importantly, that such punishment is more likely if the victim is white.

They use a very neat approach, which takes advantage of the appeal system in the US. Capital sentences imposed by the initial court are automatically appealed, first to the state court and then, if they are upheld, in a federal habeas corpus petition. If the initial court is unbiased, Alesina and La Ferrara argue, the reversal rate of sentences by the upper courts should be the same, regardless of the race of the accused or the victim.

The overall finding is that there is evidence consistent with racial prejudice. The lower courts do give more death sentences, which are then reversed, in cases which involve a minority defendant killing white victims. The reversal rates are 3 per cent higher for minority defendants at the first level of appeal than they are for whites, and 9 per cent at the highest level. These are not dramatic, but they do indicate some bias exists. The authors carry out extensive checks to make sure that their results are valid. An interesting one is that it does not matter whether the judge in the higher court has a Democrat or Republican background.

The most intriguing aspect is that the bias is entirely confined to the Southern states of the US. Cultural attitudes can be remarkably persistent. It is 150 years since Americans fought each other over slavery, but the echo of the differences can still be heard today. In the rest of the US, however, justice is indeed blind.

Share this article

  • Facebook
  • X
  • LinkedIn
  • WhatsApp
  • Email

Similarly tagged content:

Sections

  • Opinion

Categories

  • Opinion

Trending Articles

  • Hedge fund billionaire Chris Rokos joins UK wealth exodus 

  • Iceland boss Richard Walker vows to set up shop on Falkland Islands

  • Britain ‘taxing itself to death,’ Burnham warned

  • £74m for branded condoms? UK must stop spaffing cash on foreign aid

  • Tesco and Boots lead 100,000 jobs pledge to tackle Neets crisis

More from Morning Wire

  • Old Spice Trafford: Which brands could splash £150m sponsoring Manchester United’s new stadium?

    Sport Business
    Football match in a stadium, Sir Alex Ferguson Stand visible on the roof, with fans and players on the field.
  • Premier League: US owners dominate over half of 20 clubs

    Sport Business
    Shahid Khan, businessman, smiling and wearing a bright blue scarf, looking to the right with a blurred background.
  • The Simon Levy case proves some criminals can never be rehabilitated

    Opinion
    Simon Levy, a man with dark hair and a beard, looking directly at the camera.
  • EIG Geothermal Catalyst Partners Completes Inaugural Investment

    Business Wire
  • Burnham will fail unless he pivots on net zero

    Opinion
    Miatta Fahnbulleh speaking at a conference podium with a backdrop of international flags and an attentive audience
  • Gradiant Expands US Operations with New Leadership, Office Openings, and Long-Term Services Contracts

    Business Wire
  • Sorry Elon, universal basic income won’t solve the AI jobs apocalypse

    Opinion
    Elon Musk smiling and waving from a podium with the Seal of the President of the United States.
  • Death Note: The Musical review – a high-shine, high school take on the trolley problem

    Life&Style
    Xander Pang Light and the cast of Death Note The Musical on stage with Tokyo cityscape projections
MorningWire

Independent European business, markets and political news for decision-makers.

Morning Briefing

Europe

  • Germany
  • France
  • EU Institutions
  • Europe

Business

  • Markets
  • Business
  • Economy
  • Regulation
  • Competition
  • Public Affairs

Editorial

  • Opinion
  • Editorial Policy
  • Corrections
  • Contact

Company

  • About Morning Wire
  • Privacy Policy
  • Terms of Use
  • Cookie Policy
© 2026 Morning Wire Ltd · Published by Morning Wire Media, Bahnhofstrasse 65, 8001 Zürich, Switzerland
Privacy · Terms · Cookies · Facebook